[Adopted 12-2-1977 as Ch. 53 of the 1977 Code; amended
in its entirety 6-2-2011 by L.L. No. 7-2011]
[Amended 12-6-2022 by L.L. No. 32-2022; 11-2-2023 by L.L. No. 27-2023]
A.
This local
law provides for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code ("Uniform Code") and
the State Energy Conservation Construction Code ("Energy Code") in
the Town of East Hampton. This local law is adopted pursuant to Section
10 of the Municipal Home Rule Law. Except as otherwise provided in
the Uniform Code, other state law, or other section of this local
law, all buildings, structures, and premises, regardless of use or
occupancy, are subject to the provisions of this local law.
B.
The NYStretch
Energy Code-2020 supplement to the Energy Conservation Construction
Code of New York State-2020, (hereafter referred to as "NYStretch")
published by the New York State Energy Research and Development Authority
(hereafter referred to as "NYSERDA"), shall be effective for all building
permit applications (applicable to new construction, substantial reconstruction,
alterations, and additions) submitted on or after January 1, 2023,
in the Town of East Hampton unless superseded by more restrictive
provisions adopted herein by New York State, except that Section R403.6.2
of the NYStretch Code Shall be severed from this local law and not
be applicable.
The Town Board may appoint one or more Building
Inspectors, as the need may appear. The compensation of such Building
Inspectors shall be fixed by the Town Board.
No Building Inspector shall engage in any activity
inconsistent with his duties, nor shall be, during the term of his
employment, be engaged directly or indirectly in any building business,
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Town of East Hampton, excepting
only that this provision shall not prohibit any employee from such
activities in connection with the construction of a building or structure
owned by him, and not constructed for sale.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of the laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures,
and the installation and use of materials and equipment therein, and
the location, use, occupancy and maintenance thereof.[1]
(1)
Such
responsibility does not limit others, including, without limitation,
enforcement officers and fire marshals, from performing said tasks
regarding such subject areas from time to time.
[Amended 9-6-2012 by L.L.
No. 13-2012]
[1]
Editor's Note: The applicability of the State
Building Construction Code in the Town of East Hampton, to become
effective 6-1-1956, was accepted by a resolution of the Town Board
adopted 12-7-1955.
B.
He shall receive applications and issue permits for
the erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
building construction.
C.
He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties.
D.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records open to public inspection during
business hours.
(1)
For all construction occurring within the Flood Hazard Overlay District, as defined by § 255-3-40 of Chapter 255, Zoning, and subject to the construction and design standards set forth therein, the Building Inspector shall:
(a)
Obtain and record the actual elevation, in relation
to mean sea level, of the lowest floor, including basement or cellar,
of all new or substantially improved structures and whether or not
the structure contains a basement or cellar.
(b)
For all new or substantially floodproofed structures,
obtain and record the actual elevation, in relation to mean sea level,
to which the structure has been floodproofed and maintain the floodproofing
certificates, when required.
B.
The Building Inspector shall, monthly, submit to the
Town Board a written report and summary of all business conducted
by him, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
A.
The Building Inspector may request and shall receive,
so far as may be necessary in the discharge of his duties, the assistance
and cooperation of the Police, Fire and Health Departments or officers
and of all other municipal officials exercising any jurisdiction over
the construction, use or occupancy of buildings or the installation
of equipment therein.
B.
All building plans submitted to the Building Inspector
for review, except building plans for one- and two-family residences
shall also be submitted to the office of the Town Fire Prevention
Inspector for approval signifying conformance of plans to all applicable
fire codes and standards of fire safety and must be approved in writing
by the Fire Prevention Inspector.
A.
Without having first obtained a building permit from
the Building Inspector therefor, no person, partnership, association,
firm or corporation shall:
(1)
Commence, cause or continue the erection, construction,
enlargement, removal, improvement, transportation or demolition of
any building or structure, or any portion thereof, unless a particular
provision of this Code explicitly exempts the particular action from
the need for a building permit.
(2)
Commence, cause or continue a conversion or change of use of any building, structure, property, parcel or lot, or any portion thereof, from one category of use listed in § 255-11-10, Use Table and Dimensional Table for all districts, of Chapter 255 of this Code to any other such listed category of use.
(3)
Commence, cause or continue any other action, activity,
project, use or work for which any provision of this Code requires
a building permit.
B.
Application to Building Inspector.
(1)
Application for a building permit shall be made to
the Building Inspector on forms provided by him and shall contain
the following information:
(a)
A description of the land on which the proposed
work is to be done;
(b)
A statement of the use or occupancy of all parts
of the land and of the building structure;
(c)
The valuation of the proposed work;
(d)
The full name and address of the owner and of
the applicant, and the names and addresses of their responsible officers
if any of them are corporations;
(e)
A brief description of the nature of the proposed
work;
(f)
A duplicate set of plans and specifications as set forth in Subsection C(1) of this section; and
(g)
Such other information as may reasonably be
required by the Building Inspector to establish compliance of the
proposed work with the requirements of the applicable building laws,
ordinances and regulations.
(h)
A staked survey, prepared by a New York State licensed surveyor,
indicating the clearing limitations ("envelope") for the subject property,
in accordance with the East Hampton Town Code.
[Added 5-19-2022 by L.L. No. 14-2022]
(2)
Application shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work.
C.
Plans and specifications.
(1)
Each application for a building permit shall be made
on forms furnished by the Building Department and accompanied by plans
and specifications, including a plot plan, all drawn to 1/4 inch equals
one foot scale, showing the nature, location, dimensions, square footage
and elevations of all proposed new construction and all existing structures
on the site, including subsurface sewage disposal facilities and drainage
structures, the nature and character of the work to be performed,
distances from lot lines, the relationships of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys
and, where required by the Building Inspector, details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data.
(a)
Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector shall require the applicant to file an affidavit signed by a licensed architect or engineer certifying that the plans and specifications comply with the provisions of this ordinance as in force on the date of the application. In such case the Inspector may, in his discretion, employ a licensed architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding 1/3 of 1% of the estimated construction cost, is in excess of 1/2 of the permit fee required by § 102-9 of this ordinance shall be added to such permit fee and paid by the applicant before the permit shall be issued. In the event the Inspector employs a licensed engineer or architect under this subsection, the Inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this ordinance.
(b)
Whenever the plans accompanying an application
are for a structure which, in the opinion of the Inspector, is of
complex design, the Inspector may, in his discretion, issue the permit
subject to the condition that an architect and/or engineer whose qualifications
are acceptable to him (and who may be already employed by the owner
or builder) be employed by the owner or builder to supervise all work
done under the permit, to see that the work conforms with the approved
plans and specifications and forthwith upon its completion to make
and file with the Inspector an affidavit or affidavits that he or
they have complied with all inspection requirements of this ordinance
and that the work has been carried out according to the approved plans
and specifications and in accordance with the provisions of this ordinance.
In such case the Inspector may rely upon such affidavit or affidavits
as evidence that such building conforms substantially to the approved
plans and specifications and the requirements of this ordinance applying
to buildings of its class and kind.
(c)
Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, requires additional clearing on the site, the Inspector shall require the applicant to file a survey showing clearing lines and calculations for the site to ensure compliance with § 255-2-60.
(2)
Applications for a building permit for lands within the Flood Hazard Overlay District as defined by § 255-3-40 of Chapter 255, Zoning, of the Town Code shall include and show the following additional information on the plans and specifications submitted:
(a)
The elevation, in relation to mean sea level,
of the lowest floor, including basement or cellar, of all structures.
(b)
The elevation, in relation to mean sea level,
to which any nonresidential structure will be floodproofed.
(c)
When required by the Building Inspector, a certificate from a licensed professional engineer or architect that all utilities will meet the floodproofing criteria set forth in § 255-3-45A of the Town Code.
(d)
A certificate from a licensed professional engineer
or architect that the nonresidential floodproofed structure will meet
the floodproofing criteria set forth in § 255-3-45A(2)(b)
of the Town Code.
(3)
Plans and specifications shall bear the signature
of the person responsible for the design of the drawings.
(4)
In cases where the proposed work can otherwise be
shown to comply with all requirements of the applicable building laws,
ordinances and regulations, the Building Inspector may waive the requirement
for filing plans.
D.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Building
Inspector.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time, and in all events within 15
days.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his legal signature to be affixed thereto.
C.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Building Inspector, and the other set shall be returned
to the applicant, together with the building permit and shall be kept
at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all the requirements of the applicable building
regulations, the Building Official shall disapprove the same and shall
return the plans and specifications to the applicant. Upon the request
of the applicant, the Building Inspector shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant
in writing.
E.
No building permit may be issued in connection with
construction on lots within a filed subdivision map approved by the
Town Planning Board where a condition of approval includes installation
of a fire protection device until said device has been installed and
approved by the appropriate fire district or department.
A.
A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is used for a period of one year after
the date of its issuance. For good cause, the Building Inspector may
allow a maximum of two extensions. The extension may be for either
a period not exceeding six months each or a period not exceeding one
year each.
[Amended 3-1-2012 by L.L. No. 5-2012]
B.
As specifically provided in the Section 302 of the
Town of East Hampton Zoning Ordinance[1] notwithstanding anything previously provided herein, the
Building Inspector is hereby specifically authorized to grant a maximum
of two one-year extensions of building permits for the expansion of
preexisting nonconforming uses, provided that such permits were issued
on or before December 31, 1971.
C.
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
D.
Elevation certificate required. For all construction occurring within the Flood Hazard Overlay District, as defined by § 255-3-40 of Chapter 255, Zoning, and subject to the construction and design standards set forth therein, upon placement of the lowest floor or floodproofing by whatever means or upon placement of the horizontal structural members of the lowest floor, whichever applies, the permit holder shall submit to the Building Inspector an elevation certificate certifying the elevation of the lowest floor, floodproofed elevation or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to the submission and approval of the elevation certificate shall be at the permit holder's risk, and the removal of such further work may be ordered by the Building Inspector. The Building Inspector shall review and approve all such certificates. Deficiencies in construction or floodproofing or failure to meet the minimum first-floor elevation shall be cause for issuance of a stop-work order for the project unless immediately corrected.
A.
The fees to be paid for issuance of building permits,
sign permits and revegetations shall be set from time to time by resolution
of the Town Board. The Board may establish and/or maintain differing
fees for differing types of building permits, sign permits and/or
revegetations or institute new fees for new categories of building
permits, sign permits and/or revegetations. The office of the Building
Inspector shall maintain a current copy of all such fees and shall
make the same available to any member of the public wishing to obtain
a copy of the same.
B.
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided no construction has been commenced. If construction
work has been started and the application is not approved, the fees
paid shall not be refunded.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based;
B.
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law;
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications; or
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
[Amended 6-19-2014 by L.L. No. 19-2014]
Whenever a Building Inspector, Fire Marshal, Ordinance Inspector,
Ordinance Enforcement Officer, Director of Code Enforcement, or Town
Public Safety Director has reasonable grounds to believe that work
on any building or structure is being prosecuted in violation of the
provisions of the applicable building laws, ordinances or regulations,
or not in conformity with the provisions of an application, plans,
or specifications on the basis of which a building permit was issued,
or in an unsafe and dangerous manner, he shall notify the owner of
the property, or the owner's agent, or the person performing the work,
to suspend all work, and any such persons shall forthwith stop such
work and suspend all building activities until the stop order has
been rescinded. Such order and notice shall be in writing, shall state
the conditions under which the work may be resumed and may be served
upon a person to whom it is directed either by delivering it personally
to him or by posting the same upon a conspicuous portion of the building
under construction and sending a copy of the same by registered mail
to the owner of the property as listed on the assessment rolls.
Any building official, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
A.
No building or structure hereafter erected shall be
used or occupied in whole or in part until a certificate of occupancy
shall have been issued by the Building Inspector. Upon any change
in ownership of a property, an updated certificate of occupancy shall
be obtained, except where an updated certificate of occupancy has
been obtained no more than six months prior to the date of transfer
or where the transfer is made solely for estate planning purposes
where the ownership of the property is transferred to a trust, LLC
or similar entity and the beneficial ownership of the property remains
unchanged.
[Amended 10-5-2023 by L.L. No. 26-2023]
B.
No building or structure hereafter enlarged, extended
or altered, or upon which work has been performed which required the
issuance of a building permit, shall continue to be occupied or used
for more than 30 days after the completion of the alteration or work
unless a certificate of occupancy shall have been issued by the Building
Inspector.
C.
No change shall be made in the use or type of occupancy
of an existing building or structure unless a certificate of occupancy
authorizing such change shall have been issued by the Building Inspector.
D.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying his application and before
the issuance of a certificate of occupancy, there shall be filed with
the Building Inspector an affidavit of the registered architect or
licensed professional engineer who filed the original plans, or of
the registered architect or licensed professional engineer who supervised
the construction of the work, or of the building contractor who supervised
the work and who, by reason of his experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined the approved plans of the
structure for which a certificate of occupancy is sought, that the
structure has been erected in accordance with approved plans, and
as erected complies with the law governing building construction except
insofar as variations therefrom have been legally authorized. Such
variations shall be specified in the affidavit.
A.
Before issuing a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy; and he may conduct such inspections as he deems
appropriate from time to time during and upon completion of the work
for which a building permit has been issued.
B.
There shall be maintained by the Building Inspector
a record of all such examinations and inspections together with a
record of findings of violations of the law.
A.
Issuance of certificate of occupancy.
(1)
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations, and also in accordance
with the application, plans and specifications filed in connection
with the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
or that the construction has caused damage to any public street or
sidewalk, the Building Inspector shall refuse to issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations and shall require any damage to a public street or sidewalk
repaired in accordance with the directives of the Superintendent of
Highways.
(2)
A certificate of occupancy shall be issued, where
appropriate, within 30 days after application therefor is made. Failure
to act upon such application within 30 days shall constitute approval
of such application and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy has been issued.
(3)
The certificate of occupancy shall certify that the
work has been completed, and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations, and shall specify the use or uses and
the extent thereof to which the building or structure or its several
parts may be put.
(4)
The Town Board shall set the fee for issuance of a
certificate of occupancy from time to time by resolution.
B.
Revocation of certificate of occupancy.
(1)
The Building Inspector may revoke a certificate of
occupancy theretofore issued and approved in the following instances:
(a)
Where he finds that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications upon which the building permit was issued;
(b)
Where he finds that there has been any false
statement or misrepresentation as to a material fact in the application
for a certificate of occupancy;
(c)
Where he finds that the certificate of occupancy
was issued in error; or
(d)
Where he finds that the issuance of the certificate
of occupancy is in conflict with the applicable law.
(2)
Revocation of the certificate of occupancy is not
effective until the Building Inspector refers revocation of a certificate
of occupancy to the Zoning Board of Appeals for a hearing and determination
on the merits and such determination is filed with the office of the
Town Clerk.
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure,
or part thereof, provided that the Inspector finds that such portion
or portions as have been completed may be occupied safely without
endangering life or the public welfare. A temporary certificate of
occupancy can only be issued by the Building Inspector when the outstanding
work to be performed by the applicant concerns paving and sidewalk
improvements, or landscaping or revegetation work that cannot be completed
due to seasonal climatic conditions. A temporary certificate of occupancy
issued pursuant to this section shall expire within 90 days. The Building
Inspector may, in his or her discretion, approve a ninety-day extension
of the temporary certificate of occupancy for good cause.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws, ordinances
or regulations, the Building Inspector may require the same to be
subjected to tests in order to furnish proof of such compliance.
A.
All buildings or structures which are structurally
unsafe, unsanitary, or not provided with adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life,
or which in relation to existing use constitute a hazard to safety
or health by reason of inadequate maintenance, dilapidation, obsolescence,
or abandonment are, severally, for the purpose of this section, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this section.
B.
The Building Inspector shall examine or cause to be
examined every building reported as unsafe or damaged, and shall make
a written record of such examination.
C.
Whenever the Building Inspector shall find any building, or structure, or portion thereof to be an unsafe building as defined in this section, he shall, in the same manner as provided for the service of stop orders in § 102-11 of this ordinance, give to the owner, agent, or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, or structure or portion thereof.
D.
If the Building Inspector finds that there is actual
and immediate danger of failure or collapse so as to endanger life,
such notice shall also require the building, structure, or portion
thereof to be vacated forthwith and not reoccupied until the specified
repairs and improvements are completed, inspected, and approved by
the Building Official. The Building Inspector shall cause to be posted
at each entrance to such building a notice "This building is unsafe
and its use or occupancy has been prohibited by the Building Department."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm,
or corporation, or their agents or other servants to remove such notice
without written permission of the Building Inspector, or for any person
to enter the building except for the purpose of making the required
repairs or of demolishing same.
E.
In case the owner, agent, or person in control cannot
be found within the stated time limit, or if such owner, agent or
person in control shall fail, neglect, or refuse to comply with notice
to repair, rehabilitate, or to demolish and remove said building,
or structure, or portion thereof, the Town Counsel shall be advised
of all the facts in the case, and shall institute an appropriate action
in the courts to compel compliance.
F.
In cases of emergency which, in the opinion of the
Building Inspector, involve imminent danger to human life or health,
he shall promptly cause such buildings, structures, or portions thereof
to be made safe or removed. For this purpose he may at once enter
such structure or land on which it stands, or abutting land or structure,
with such assistance and at such costs as may be necessary. He may
vacate adjacent structures and protect the public by appropriate barricades
or such other means as may be necessary, and for this purpose may
close a public or private way.
The chief of any fire department providing fire-fighting services
for a property within the Town of East Hampton shall promptly notify
the Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney, or gas vent.
A.
Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or any other individual designated in § 102-4A(1) at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or any other individual designated in § 102-4A(1) at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner.
(2)
Receipt by the Building Inspector or any other individual designated in § 102-4A(1) of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist.
(3)
Receipt by the Building Inspector or any other individual designated in § 102-4A(1) of any other information, reasonably believed by the Building Inspector or any other individual designated in § 102-4A(1) to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this Subsection B(3) shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this local law shall supersede, limit, or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law Section 156-e and Education Law Section 807-b.
A.
Any violation of the Uniform Code or Energy Code shall be considered
a violation of this chapter.
B.
Any person who shall violate any of the provisions of this chapter,
including the failure, refusal, or neglect to comply with an order
issued by the Building Inspector, shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable for a first offense
by a fine of not less than $250 and not to exceed $1,000 or a term
of imprisonment not to exceed six months, or both; for a second offense,
by a fine of not less than $1,000 and not to exceed $3,000 or a term
of imprisonment not to exceed six months, or both; and for a third
or subsequent offense within a five year period, by a fine of not
less than $5,000 and not to exceed $10,000 or a term of imprisonment
not to exceed six months, or both.
C.
Each week, or part thereof, such violation continues following notification
by the Town shall constitute a separate offense punishable in like
manner.
D.
The owner and person in control of any building or premises or part
thereof, where any violation of this ordinance has been committed
or shall exist, shall each be guilty of a separate offense and upon
conviction thereof shall be fined and/or imprisoned as herein provided.
For the purposes of this article, "person in control" is defined as
any owner, builder, architect, lessee, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction, maintenance or use of any structure,
building or property, so long as such person or entity has the apparent
power and authority to control the manner in which the structure,
building or property is constructed, maintained or used.
[Amended 7-21-2016 by L.L. No. 33-2016]
E.
In addition to the above penalty, any appropriate action or proceeding
may be instituted or taken to prevent any unlawful construction, erection,
alteration, repair, maintenance, or use or to restrain, correct or
abate any violation or to prevent the occupancy of any such building,
structure, or premises or to prevent any illegal act, conduct, business
or use in or about such building, structure, or premises.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and those remedies shall be
in addition to the penalties prescribed in the preceding section.
This ordinance shall be effective and operative
only in that portion of the Town of East Hampton outside of any incorporated
village therein.
[Amended 2-16-2017 by L.L. No. 6-2017; 12-6-2022 by L.L. No. 32-2022; 11-2-2023 by L.L. No. 27-2023]
A.
The NYStretch Energy Code-2020 supplement to the Energy Conservation
Construction Code of New York State-2020, (hereafter referred to as
"NYStretch") published by the New York State Energy Research and Development
Authority (hereafter referred to as "NYSERDA"), shall be effective
for all building permit applications (applicable to new construction,
substantial reconstruction, alterations, and additions) submitted
on or after January 1, 2023, in the Town of East Hampton unless superseded
by more restrictive provisions adopted herein by New York State, except
that Section R403.6.2 of the NYStretch Code shall be severed from
this local law and not be applicable.
B.
Any newly built or substantially reconstructed subject dwelling detached
one- or two-family dwelling shall be rated by an independent, Residential
Energy Services Network (RESNET)-certified home energy rating system
(HERS) rater, following the protocol set out by RESNET, including
all required reviews, inspections, and diagnostic tests, including
combustion safety tests. The HERS rater must attest that the home
was rated to the HERS index prescribed below, passed all combustion
safety tests, and complies with all requirements of Section R406 of
the ECCCNYS 2020 as amended by NYStretch prior to the issuance of
a certificate of occupancy.
(1)
Requirements.
(a)
Detached one- or two-family dwellings up to 3,000 square feet
gross floor area ("GFA") shall meet the requirements of the Prescriptive
Path, or achieve an Energy Rating Index ("ERI") of 50 or less and
comply with all requirements of Section R406 of the ECCNYS 2020, as
amended by NYStretch.
(b)
Detached one- or two-family dwellings with 3,001 to 4,500 square
feet gross floor area ("GFA") shall achieve an Energy Rating Index
("ERI") of 50 or less and comply with all requirements of Section
R406 of the ECCCNYS 2020, as amended by NYStretch.
(c)
Detached one- or two-family dwellings with over 4,500 square
feet gross floor area ("GFA") shall achieve an Energy Rating Index
("ERI") of 31 or less and comply with all requirements of Section
R406 of the ECCCNYS 2020 as amended by NYStretch 2020.
C.
For the sole purpose of identifying with which of the requirements of Subsection B a subject dwelling must comply, the gross floor area (GFA) as defined by "floor area, gross," in § 255-1-20 of the East Hampton Town Code will be used. GFA does not supersede the methodology of current RESNET protocol, but serves only to trigger the compliance tier required of a newly built or substantially reconstructed subject dwelling.
D.
New multifamily buildings shall also be in compliance with the provisions of this code, unless the Principal and/or Chief Building Inspector has determined otherwise based upon a formal written request of the property owner. Upon receipt of a formal written request, the Principal and/or Chief Building Inspector shall determine whether the relief from strict compliance to the standards enumerated in Subsection B above is justified.
(1)
In making a determination as to whether practical difficulties justify
a waiver from strict compliance to the standards set forth in this
Code, the Principal and/or Chief Building Inspector shall consider
the following factors:
(2)
If the Principal and/or Chief Building Inspector determines that
a waiver is appropriate, the property owner shall provide a practicable
plan for alternative methods of energy conservation conducive for
the location or make a showing that there are no practicable energy
conservation systems conducive to the location. Upon receipt of the
property owner's plan, the Principal and/or Chief Building inspector
shall grant a waiver, in writing, from the requirements of this section,
conditioned upon the implementation of the alternative methods proposed
by the owner or such other practicable conditions as required by the
Principal and/or Chief Building Inspector. This downgraded home energy
rating application is to the Town for a waiver of the Town's
requirements only. Receipt of an approved waiver from the Town does
not constitute a waiver of the requirements of the State of New York.
A separate application will be required to be made by the owner directly
to the State of New York if the state standard is not being met.
E.
Commercial buildings may also comply with Appendixes CB (Rated R-Value
of Insulation - Commercial) of NYStretch, when applicable, and must
comply with Appendix CC (Additional Power Distribution System Packages)
of NYStretch when applicable.
F.
Additions and alterations that are not deemed substantial reconstruction to residential and commercial buildings shall comply with Chapter 5 of the ECCCNYS 2020 as modified by NYStretch. Compliance of additions and alterations to residential buildings shall be documented and verified by an independent Residential Energy Services Network (RESNET)-certified home energy rating system (HERS) rater.
G.
The owner of a structure may apply for a waiver from the requirements
of NYStretch for an application for construction, repair, alteration,
restoration and movement of structures, and change of occupancy on
the basis that the structure is of historic significance. In support
of the waiver, a report must be submitted to the designated code official,
signed by the owner, a registered design professional, or a representative
of the State Historic Preservation Office or the historic preservation
authority having jurisdiction, demonstrating that compliance with
that provision would threaten, degrade or destroy the historic form,
fabric or function of the building.
H.
The owner of a structure or proposed structure may apply for a downgraded home energy rating requirement by written application to the Principal and/or Chief Building Inspector on the basis that there exists practicable difficulties specific to the site, construction or design elements encountered in the course of design or construction. Upon receipt of the written request, the Principal and/or Chief Building Inspector shall determine whether there is a showing of need for relief from strict compliance to the standards enumerated in Subsection B above.
(1)
In determining the conduciveness of a property and practicable difficulties,
the Principal and/or Chief Building Inspector shall consider the following
factors:
(2)
If the Principal and/or Chief Building Inspector determines that
a waiver is appropriate, the property owner shall provide a practicable
plan for alternative methods of energy conservation conducive for
the location or make a showing that there are no practicable energy
conservation systems conducive to the location.
(3)
Upon receipt of the property owner's plan, the Principal and/or
Chief Building inspector shall grant a waiver, in writing, from the
requirements of this section, conditioned upon the implementation
of the alternative methods proposed by the owner or such other practicable
conditions as required by the Principal and/or Chief Building Inspector.
This downgraded home energy rating application is to the Town for
a waiver of the Town's requirements only. Receipt of an approved
waiver from the Town does not constitute a waiver of the requirements
of the State of New York. A separate application will be required
to be made by the owner directly to the State of New York if the State
standard is not being met.
[Added 2-16-2017 by L.L.
No. 6-2017]
Any applicant aggrieved by a decision made by the Principal Building Inspector under § 102-24 above may appeal such decision, denial, condition, or waiver of the Principal Building Inspector by filing a written petition, along with a fee in an amount as set by resolution of the East Hampton Town Board, in the office of the Town Clerk for review to the Energy Conservation Administrative Appeals Board (hereinafter referred to as "ECAAB"). The ECAAB shall be comprised of the following persons: 1) Environmental Protection Director; 2) Town Engineer; 3) Chair of the Zoning Board of Appeals. The ECAAB shall meet to review the petition within two weeks of receipt thereof and may hold hearings upon seven days' notice by certified mail to the applicant or his agent, at the address included in the petition. The ECAAB may conduct field visits and obtain additional information deemed necessary in rendering its decision. The ECAAB shall have the authority to hire independent consultants at its sole discretion to help it render a decision by undertaking actions including, but not limited to, review of plans, conduction of site testing, and modeling of proposed plans. The ECAAB may require an applicant to pay the costs incurred by the ECAAB for all independent consulting services it may reasonably seek to engage, including but not limited to engineering, planning, legal and clerical costs incurred in processing and review of an application. Upon completion of the review of the appeal or the close of the public hearing, the ECAAB shall issue a decision in writing and state the reasons and attendant conditions of its decision. A decision shall be issued within 45 days of the end of the hearing or completion of review.
[Added 2-16-2017 by L.L.
No. 6-2017]
For the purposes of § 102-24 and § 102-24A, the following words and terms shall have the following meanings:
Usually panels or coils of plastic or metal through which
water passes to increase the temperature by using the sun's radiant
energy.
Any one- or two-family dwelling or multifamily dwelling (including
townhouses) not more than three stories in height, with a separate
means of egress for each dwelling, a minimum of one heating facility
for each four dwelling units, and a separate primary electric meter
for each dwelling unit.
Construction that includes the removal and replacement of
the ceiling, interior finishes of a dwelling which expose the exterior
framing, and more than 50% of any windows, exterior doors, or HVAC
building system.
